Colorado law, including Department of Health regulations, provide that an individual suspected of drunk (or drugged) driving must be given either a breath test or a blood test within two hours of the last time they drove. This is designed to get the most accurate reading of the chemical content in a person’s system, close to driving. Refuse a Test = Suspension of Driving Privileges Colorado courts have decided that drivers must cooperate (in other words not interfere) with this process. Any substantial interference or resistance will be considered a refusal. A refusal to cooperate earns the driver as much as a one-year suspension of her/her privilege to drive in Colorado. When Is a Test Delay Permissible? Stumpf v. Department of Revenue 231 P. 3d 1 (Colo. App. 2010) holds that a delay in testing of up to three and one-half hours from the last driving is permissible so long as the test has some evidentiary value. In this case, the court of appeals held that the rate of alcohol absorption was more important than the length of time between driving and testing. In other words, if the state administers either a blood test or a breath test outside the two-hour window, the results can still be used against you in a license revocation proceeding. To read the full article, click here. Colorado Criminal Defense Lawyer Shaun Kaufman  Shaun Kaufman is a Denver, Colorado DUI lawyer, with nearly thirty years experience in the criminal justice system, who will continue to argue that the state cannot use unreliable evidence in an effort to prosecute those accused of crimes. He is a courtroom lawyer who believes that the government should stick to the rules. To contact Shaun Kaufman Law, call 303-309-0430 any day of the week, 24 hours a day, holidays included. Or, fill out the contact form on the right side of this page and Shaun will get back to you as soon as possible.
Q: Who is a prosecutor? A: The prosecutor is a lawyer who, on behalf of the government, first decides whether or not to charge a person with a crime. If that decision is yes, the prosecutor then conducts legal proceedings against that defendant. Prosecutors sometimes are called city attorneys, county attorneys, state’s attorneys or district attorneys (or D.A.s). Q: So, how does a district attorney decide whether to charge a person with a crime? A: First, the D.A. (or other prosecutor) reviews the case to ensure it is legally sound. Often, a prosecutor bases his/her initial decision on the police reports (also called arrest reports) sent to them by the arresting law enforcement officers. These reports encapsulate the events that led up to the arrest, and provide such information as the: - Date, time, location and weather at the time of the arrest
- Witnesses’ names, addresses and possibly their statements.
These reports are typically one-sided, outlining what law enforcement claims took place, and including only the witness statements that support their theory. If the prosecutor deems that the case has legal problems, such as the police violated the defendant’s constitutional rights or destroyed evidence critical to the defense, the case could be thrown out of court. Second, the prosecutor decides if there is ample and reliable evidence to prove a person’s guilt. If the evidence is not very convincing, it would not be worth the time and expense of a trial. To read the full article, click here. Colorado Criminal Defense Lawyer Shaun Kaufman  Call 24/7: 303-309-0430 Shaun Kaufman Law, P.C., emphasizes trial practice, as well as negotiating just settlements. To contact Shaun Kaufman, call 303-309-0430 any day of the week, 24 hours a day. Or, fill out the form on the right side of this page, and Shaun will get back to you as soon as possible.
 If I’m guilty, can a defense lawyer still help me? Yes! You Still Have Options Even if you know you are guilty, there are still alternatives. For example, a prosecutor might be open to a plea bargain where you plead guilty to a lesser charge in exchange for a lighter sentence. While you might be tempted to negotiate for yourself, keep in mind that negotiating requires a comprehensive knowledge of the law and expertise in the practical realities. Criminal defense lawyers know what constitutes a good deal, and they also know how to protect your constitutional rights. Below are several ways a qualified defense lawyer can help you in this negotiating process. Maintaining Your Eligibility to Have Your Record Sealed If you plead guilty to a crime in Colorado, you may have the resulting conviction on your record permanently, making it difficult to obtain employment, housing and enter into contracts with the government. A criminal defense lawyer’s help may result in a plea disposition that allows you to seal your record after you complete your probation. To read the full article, click here. Denver Colorado Criminal Defense Lawyer Shaun Kaufman
Shaun Kaufman Law, P.C., emphasizes trial practice, as well as negotiating just settlements. To contact Shaun Kaufman, call 303-309-0430 any day of the week, 24 hours a day. Or, fill out the form on the right side of this page, and Shaun will get back to you as soon as possible.
 Drones: Big Brother Is Watching? The New Term: Unmanned Aerial Surveillance Craft The use of unmanned aerial surveillance craft, or UAS (that is what the proponents of drones want to call them now that the name has a negative connotation) is exploding in both private and public sectors. A lot of people challenge the use of UAS systems to watch both public and privately owned land. Are Drones Invasion of Privacy? Using a UAS to fly over public or private land is not (legally) considered an invasion of privacy so long as there is no intrusion into areas that are secluded or otherwise out of the public view. For example, it is not a privacy violation to fly a UAS over a National Forest area when officials are looking for a downed private plane. However, it would be a privacy violation to fly a UAS next to someone’s window and take photographs of personal activities, for example. To read the full article, click here. Call 24/7: 303-309-0430 Denver Criminal Defense Lawyer Shaun Kaufman Shaun Kaufman Law, P.C., is a law firm that cares about the individual’s rights as opposed to government interests, and will help if an invasion of your privacy has resulted in criminal or civil charges against you. To contact Shaun Kaufman, call 303-309-0430, or fill out the contact form on the right side of this page, and Shaun will get back to you as soon as possible.
 Pot Breathalyzer to Be Used by Police in the Field Drivers Can Now Be Tested for Drug Use Swedish researchers have developed a portable breathalyzer that detects marijuana, cocaine, opiates and other drugs. Police will be able to use it in the field (read: out on the streets) for anyone that they have pulled over for bad driving who they suspect is high on drugs. The Swedish research institute that has developed this device believes that they can assist law enforcement officers with their battle against “drugged drivers.” How Does the Pot Breathalyzer Work? Here’s how it works: - The suspect (driver) blows into a small capture unit.
- The breath sample from the capture unit is then tested under a gas chromatograph/mass spectrometry machine.
- The machine breaks down chemical contents of a sample to its smallest component GC/MS, from which the machine develops a ”molecular fingerprint.”
- The breath sample is run through the GC/MS machine to see what chemicals are in that sample. If marijuana or cocaine is present, then the lab can confirm driving while high.
What this tells us is that the police and research scientists are constantly making it hard on those who commit crimes, with new tests and procedures used to catch the offender. Colorado Criminal Defense Attorney Shaun Kaufman Shaun Kaufman Law, P.C., is a firm that prides itself on staying on top of changes in law enforcement technique so that innocent clients are not convicted by junk science. To contact Shaun Kaufman, fill out the contact form on the right side of this page, or call 303-309-0430 any day of the week, 24 hours a day.
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